DANJUMA JCA (Delivering the Lead Judgment): This is an appeal against the decision of the High Court of Ondo State which was delivered at Owo on 6 May 2013, dismissing the plaintiff’s claims in its entirety and granting the counter-claims of the defendant, thereat.
Pr é cis of the facts leading to this appeal The appellant claimed to have been granted a piece of land by the 2nd defendant/2nd respondent’s father in 1992, whereat, he erected the foundation of a shopping complex. Whilstlaying the foundation, the 2nd respondent’s father PW1, PW2 and other Osuma family members were alleged to be in attendance. He was then at the Senate in Abuja.
The Senate and all democratic structures were then sacked following the Abacha coup ; the appellant could not continuewith his building project on the land.
The 2nd respondent’s father died in 1995 and then he, the 2nd respondent stepped into his father’s shoes as the Osuma IV. The 2nd respondent sued the appellant over this land with six